Introduction

If your concerns have not been met through talking to the service, you can make a formal complaint. You do need to be sure of what you want to get from complaining so don’t rush straight into a complaint without thinking this through. Do you simply want to get yourself heard or do you want something specific in return? Make sure that this is clear in your mind before progressing.

Check you know who to complain to and how to do so. Local authorities, health services schools and other providers have their own complaints procedures.  You can often find information in waiting rooms, at reception, on the service provider’s website, or by asking a member of staff.  Many organisations have time limits for making a complaint so do not wait too long.

Complaints are when you are not happy with the service or how you were treated. If you think a decision that was made was wrong or unfair you need to make an appeal instead. Visit the Right of appeal section at the bottom of this page.

You can either complain to the service provider directly (such as a GP or school) or to the commissioner of the services, which is the body that pays for the services you use (such as NHS Somerset Integrated Care Board or Somerset Council). You can find more information about how to make complaints to different providers below.

Schools

Bullying, policy changes, failure to provide support for children with SEND or other concerns about the school

On the Complain about a school (gov.uk) page, it explains your rights for complaining about a school. Schools are managed by the headteacher and governors. Any questions, problems or complaints must be raised with the school in the first instance.

To do this, it will be important to refer to the school’s complaints policy, their SEND policies and their SEND information report. This should be available on their website.

The charity Contact for families with disabled children has a template which may be useful to help structure your complaint.

When a pupil is suspended or permanently excluded from school it can be difficult for parents to know where to get advice and support and to know what they should do next.  All school exclusions are governed by national guidance and Somerset Council has a checklist of expectations in place.

Your child’s school will let you know about a suspension, usually on the same day. They will follow up with a letter telling you how long your child is suspended and why. You should also be told how to challenge the exclusion if you want to.

Early Years or childcare providers

Bullying, policy changes, failure to provide support for children with SEND or other concerns about the setting

Each early years and childcare provider has their own complaints procedure. Find out more on Complain about an early years or childcare provider page.

Somerset Council Statutory SEND Team

Complaints about Education Health and Care Needs Assessments, Education Health and Care Plans and other SEND processes

This is for complaints about Education, Health and Care Needs Assessments and Education, Health and Care Plans. If you have a right of appeal, you should use that instead. More information can be found on the What if I do not agree with decisions surrounding SEND processes page.

You can make a formal complaint about the Somerset Council Statutory SEND Team by visiting our Complaints, comments and compliments page. We aim to reply to your complaint within 10 working days. If for any reason it will take longer, we will let you know.

If you feel the educational setting is not providing the interventions, equipment or support listed in the Education Health and Care Plan or provision has stopped being provided, we would encourage you to speak to the Special Educational Needs Coordinator or SEN lead. If you have spoken to the SENCO or SEN lead at your child or young person’s educational setting about your concerns, the local authority can discuss your concerns with the setting.  More information can be found on the Provision within the Education Health and Care plan page.

GP practices

Complaints about medical care received in primary care

Each GP practice has its own complaints procedure.  Each practice will also have appointed a complaints manager and a ‘responsible person’, usually a partner.  Check their website for further details about how to make a formal complaint. Find your GP practice.

If you prefer, you can also submit your complaint to NHS Somerset Integrated Care Board, as the commissioning organisation.  Further information can be found on the NHS Somerset ICB website.

Somerset NHS Foundation Trust

Complaints about medical care received in acute or secondary care for example hospital, community, or mental health

Somerset Foundation Trust has a formal complaints team based at both Musgrove Park Hospital and Yeovil Hospital. You can find contact details and read more about the complaints process on the Somerset Foundation Trust Complaints and Compliments page.

NHS Somerset Integrated Care Board

Complaints about primary care services (GP, pharmacy, optometry and dental services  multi-provider complaints (more than one NHS provider involved) and certain other healthcare services, in Somerset

If you wish to make a formal complaint about commissioned NHS Healthcare Services in Somerset you can read more about the complaints process on the NHS Somerset Complaints page.

NHS England

Complaints about specialised services that support people with rare and complex conditions

Contact NHS England for complaints about military health services, and specialised services that support people with a range of rare and complex conditions.

Care Quality Commission

Complaints about the use of the Mental Health Act

To complain about the use of the Mental Health Act on someone detained in a hospital or put on guardianship or under a community treatment order, complain to the Care Quality Commission.

Somerset Council Children’s Social Care

Complaints about decisions regarding children’s care or quality of service received and social care assessments and reviews for children

You can tell us what you think about Children’s Social Care on our Complaints, comments and compliments page, the animation below shows how and what will happen.

Somerset Council Adult Social Care

Complaints about decisions regarding adults’ care or quality of service received social care assessments and reviews for adults and carers, and micro-provider quality and safety concerns

You can tell us what you think about Adult’s Social Care on our Complaints, comments and compliments page.

You can raise a concern about the quality of safety of a micro-provider listed on our Micro-Enterprise Directory. If you think the provider has broken the ‘Doing it Right’ quality standards, please find out more on Connect Somerset website.

Other complaints

• Equality Advisory and Support Service deals with complaints about discrimination.
• Employment tribunals deal with complaints about employers, this is part of HM Courts and Tribunals Service.
• Standards and Testing Agency deals with complaints about exam malpractice or maladministration in SATs .
• Ofqual (The Office of Qualifications and Examinations Regulation) and the awarding body deal with complaints about exam malpractice or maladministration in secondary schools.

Right of appeal

Sometimes you might not agree with the support being offered. This could be due to an assessment result, or a refusal to assess. You should be advised of your right to complain at every stage of your assessment and be invited to voice concerns about any decisions made.

If you feel the correct procedures have not been followed, there will be a way to appeal. When you appeal, you’re asking for a review of a decision that you think is wrong or unfair, and you want it to be looked at again.

• School Transport decision reviews
• Refused a place at your preferred school (universal and Special Educational Needs Support school places)
• What if I do not agree with decisions surrounding the EHC Needs Assessment and EHC plan processes? (including EHC plan school places)
• Challenge a school exclusion
• Appeal a Blue Badge decision
• Autism and ADHD assessment reviews
• Appeal a benefit decision

Please note, that appeals are different from complaints. Complaints are when you are not happy with the service itself or how you were treated.